In order to prevent excessive damage to buildings and structures
due to flooding, the following restrictions shall apply to all new
construction, development, and substantial improvement occurring in
all designated Floodplain Districts:
A. General technical requirements.
(1) Within the identified floodplain areas, the development and/or use
of land shall be permitted provided that such development or use complies
with the restrictions and requirements of this and all other applicable
codes and ordinances in effect in Muncy Borough.
(2) Within any floodway area, the following provisions shall apply:
(a)
No new construction, development, use, activity or encroachment
shall be permitted that would cause any increase in one-hundred-year
flood heights.
(b)
No new construction or development shall be allowed unless a
permit is obtained from the Department of Environmental Protection's
Regional Office.
(3) Within any general floodplain area, no new construction or development
shall be located within the area measured 50 feet landward from the
top-of-bank of any watercourse.
(4) The standards and specifications contained in 34 Pa. Code (the Uniform
Construction Code), Chapters 401 through 405, as amended, and the
following referenced provisions shall apply to all sections of this
article, to the extent that they are more restrictive and/or supplement
the requirements of this chapter.
(a)
International Building Code (IBC) Chapters 3 through 7, 14 through
18, and Appendix G, or as currently adopted by the Uniform Construction
Code.
(b)
International Residential Building Code (IRC) Chapters 3 through
6, 8, 9, and Appendix E and J, or as currently adopted by the Uniform
Construction Code.
B. Elevation and floodproofing requirements.
(1) Residential structures. Within any identified floodplain area, the
lowest floor (including basement or cellar) in any new construction
or substantial improvement of a residential structure (including those
structures which have been substantially damaged) shall be elevated
1 1/2 feet above the one-hundred-year flood elevation.
(2) Nonresidential structures.
(a)
Within any identified floodplain area, the elevation of the
lowest floor (including basement or cellar) in any new construction
or substantial improvement of a nonresidential structure (including
those structures which have been substantially damaged) shall be elevated
up to, or above, the one-hundred-year flood elevation, or be designed
and constructed so that the space enclosed by such structure shall
remain either completely or essentially dry during any flood up to
that height.
(b)
Any nonresidential structure, or part thereof, having a lowest
floor (including basement or cellar) which is not elevated to at least
1 1/2 feet above the one-hundred-year flood elevation, shall
be floodproofed in a completely or essentially dry manner in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Floodproofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992), or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above referenced standards.
(3) Space below the lowest floor.
(a)
Fully enclosed spaces. Fully enclosed spaces below the lowest
floor (including basement or cellar) are prohibited.
(b)
Partially enclosed spaces. Partially enclosed space below the
lowest floor which will be used solely for the parking of vehicles,
building access, or incidental storage in an area other than a basement
or cellar, shall be designed and constructed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. (The term "partially enclosed space" also
includes crawl spaces.) Designs for meeting this requirement must
either be certified by a registered professional engineer or architect
or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area;
[2]
The bottom of all openings shall be no higher than one foot
above grade; and
[3]
Openings may be equipped with screens, louvers, or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
C. Design and construction standards. The following minimum standards
shall apply to all construction and development proposed within any
identified floodplain area.
(1) Fill. If fill is used, it shall:
(a)
Extend laterally 15 feet beyond the building line from all points;
(b)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring or settling;
(d)
Be no steeper than one vertical to two horizontal feet, unless
substantiating data justifying steeper slopes are submitted to and
approved by the Zoning Officer;
(e)
Be appropriately stabilized upon completion of compaction to
avoid erosion and scouring of the fill material; and
(f)
Be used only to the extent to which it does not adversely affect
adjacent properties.
(2) Special requirements for mobile and manufactured homes. For the purposes
of this chapter, the term "mobile home" shall also include manufactured
homes, and park trailers, travel trailers, recreational vehicles,
and other similar types of units which are placed on a site for more
than 180 consecutive days.
(a)
Within any floodway area, all mobile homes shall be prohibited.
(b)
Where permitted within any flood fringe or general floodplain
area, all mobile homes and any improvements, including those units
substantially damaged as a result of a flood, shall be:
[1]
Placed on a permanent foundation;
[2]
Elevated so that the lowest floor of the mobile home is 1 1/2
feet or more above the elevation of the one-hundred-year flood; and
[3]
Anchored to resist flotation, collapse, or lateral movement.
(3) Placement of buildings, structures and fences. All buildings and
structures shall be designed, located and constructed on the lot so
as to offer the minimum obstruction to the flow of water and shall
be designed to have a minimum effect upon the flow and height of the
flood water.
(4) Anchoring.
(a)
All buildings and structures, including mobile homes, shall
be firmly anchored in accordance with accepted engineering practices
to prevent flotation, collapse, and lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be firmly anchored or affixed to prevent flotation.
(5) Floor, walls and ceilings. Where a structure is located at or below
the one-hundred-year flood elevation, the following standards shall
apply:
(a)
Wood flooring shall be installed to accommodate a lateral expansion
of the flooring, perpendicular to the flooring grain, without incurring
structural damage to the building.
(b)
Plywood and interior finished walls shall be of any "exterior"
or "marine" grade and of a "water-resistant" variety.
(c)
Walls and ceilings shall be designed and constructed of materials
that are water-resistant and will withstand inundation.
(d)
Windows, doors and other such components shall be made of metal
or other water-resistant material.
(6) Paints and adhesives. Where a structure is located at or below the
one-hundred-year elevation, the following standards shall apply:
(a)
Paints or other finishes shall be of marine or other water-resistant
quality.
(b)
Adhesives shall be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be
finished or sealed with a marine or water-resistant paint or other
finishing material.
(7) Electrical components.
(a)
Electric distribution panels shall be at least three feet above
the one-hundred-year flood elevation.
(b)
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
(8) Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the one-hundred-year flood elevation.
(9) Fuel supply systems. All gas and oil supply systems shall be designed
to prevent the infiltration of floodwaters into the systems and discharges
from the systems into floodwaters. Provisions shall be made for the
drainage of these systems in the event that floodwater infiltration
occurs.
(10)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site system shall be located within any identified
floodplain area except in strict compliance with all state and local
regulations for such systems. If any such system is permitted, it
shall be located so as to avoid impairment to it, or contamination
from it, during a flood.
(11)
Other utilities. All other utilities, such as gas lines, electric
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(12)
Streets. The finished elevation of all new streets shall be
no more than one foot below the one-hundred-year flood elevation.
(13)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(14)
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life (including but not limited to those identified in §
286-62A) shall be stored at or above the one-hundred-year flood and/or be floodproofed to the maximum extent possible.
Uses normally associated with water management projects (such as dams, impoundment basins, culverts, sewers or bridges) may be permitted in any of the floodplain districts, regardless of the underlying zoning district, but shall meet the "no rise rule" requirements set forth in §§
286-23 and
286-58A(2) of this chapter. Such uses shall also be subject to approval by the Borough Council (following review by the Borough Planning Commission) and the Pennsylvania Department of Environmental Protection. In addition, no alteration or relocation of a stream or watercourse may take place without the applicant having first obtained the necessary permit from the Department of Environmental Protection. Prior to any such alteration or relocation, adjacent communities, the Pennsylvania Department of Community and Economic Development and the Federal Emergency Management Agency must be notified. Under no circumstances shall any alteration or relocation take place which will lower the flood-carrying capacity of any stream or watercourse.
A structure, or use of a structure or premises, which lawfully
existed in any designated floodplain district before the enactment
of these provisions, but which is not in conformity with these provisions,
may be continued subject to the following conditions:
A. Existing structures and/or uses located in an identified floodway
area shall not be expanded, but may be modified, altered, or repaired
to incorporate floodproofing measures, provided that such measures
do not increase the elevation of the one-hundred-year flood.
B. Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure in any floodplain district, to an extent
or amount of less than 50% of its market value, shall be floodproofed
and/or elevated to the greatest extent possible.
C. Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure in any floodplain district, to an extent
or amount of 50% or more of its market value, shall constitute a substantial
improvement and shall be undertaken only in full compliance with the
provisions of this chapter.
Accessory structures which are proposed to be located in an
identified flood fringe or general floodplain area need not be elevated
or floodproofed to remain dry, but shall comply, at a minimum, with
the following requirements:
A. The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material and equipment related to the principal use or activity.
B. The total floor area of all accessory structures located on any one
lot shall not exceed 600 square feet.
C. The structure shall have a low damage potential.
D. The structure shall be located on the site so as to cause the least
obstruction to the flow of floodwaters.
E. Power lines, wiring and outlets shall be at least 1 1/2 feet
above the one-hundred-year flood elevation.
F. Permanently affixed utility equipment and appliances such as furnaces,
heaters, washers, dryers, etc. shall be prohibited.
G. Sanitary facilities shall be prohibited.
H. The structure shall be adequately anchored to prevent flotation or
movement and shall be designed to automatically provide for the entry
and exit of floodwaters for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
must meet or exceed the following minimum criteria:
(1) A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space;
(2) The bottom of all openings shall be no higher than one foot above
grade; and
(3) Openings may be equipped with screens, louvers, etc. or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
In passing upon applications for a variance within any identified floodplain area, the Zoning Hearing Board shall consider all factors specified in other sections of this chapter (including §
286-88C), state law relative to variances, and the following:
A. Variances may be granted for the reconstruction, rehabilitation,
or restoration of structures listed on the National Register of Historic
Places, provided that the proposed repair or rehabilitation will not
preclude the structure's continued designation as an historic
structure and that the variance is the minimum necessary to preserve
the historic character and design of the structure.
B. Variances may not be granted for any construction, development, use,
or activity within any floodway area that would result in any increase
in flood levels during the one-hundred-year flood.
C. Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining specifically to §
286-62, Development which may endanger human life, and to §
286-63, development regulated by special permit.
D. If granted, a variance shall involve only the least modification
necessary to provide relief.
E. In granting any variance, the Borough shall attach whatever reasonable
conditions and safeguards it considers necessary to protect the public
health, safety and welfare, and to achieve the objectives of this
chapter.
F. Whenever a variance is granted, the Borough shall notify the applicant
in writing that:
(1) The granting of a variance may result in increased premiums for flood
insurance; and
(2) Such variances may increase the risks to life and property.
G. In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, the following:
(1) That there is good and sufficient cause;
(2) That failure to grant the variance would result in exceptional hardship
to the applicant; and
(3) That granting of the variance will:
(a)
Neither result in an unacceptable or prohibited increase in
flood heights, additional threats to public safety, or extraordinary
public expense,
(b)
Nor create nuisances, cause fraud on, or victimize the public,
or conflict with any other applicable state or local ordinances or
regulations.
H. Records of all variance requests and related actions, including their
justification shall be maintained by the Borough. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Insurance Administrator.
I. Notwithstanding any of the above, all structures shall be designed
and constructed so as to have the capability of resisting the one-hundred-year
flood.
In passing upon applications for special exceptions within any identified floodplain area, the Zoning Hearing Board shall consider all factors specified in other sections of this chapter (including §
286-88D), and the following:
A. The danger to life and property due to increased flood heights or
velocities caused by encroachments. In the Floodway District, no special
exception shall be granted which will cause any rise in the elevation
of the one-hundred-year flood;
B. The danger that materials may be swept onto other lands or downstream
causing injury to others;
C. The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions;
D. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners;
E. The importance of the services provided by the proposed facility
to the community;
F. The requirements of the facility for a waterfront location;
G. The availability of alternate locations not subject to flooding for
the proposed use;
H. The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
I. The safety of access to the property in times of flooding by ordinary
and emergency vehicles;
J. The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters expected at the site; and
K. Such other factors which are relevant to the purposes of this chapter.